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HomeMy WebLinkAboutordinance.council.011-17 RECEPTION#:638572, R: $23.00, D. $0.00 DOC CODE: ORDINANCE Pg 1 of 3,0 512 5/201 7 at 09:18:20 AM Janice K.Vos Caudill, Pitkin County,CO ORDINANCE # 11 (Series of 2017) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO APPROVING ASPENMODERN HISTORIC DESIGNATION FOR 110 E. HALLAM STREET PARCEL ID: 110 E. Hallam Street: #2737-073-13-801 WHEREAS, in the fall of 2016, the City of Aspen hired a consultant to provide an independent study of the eligibility of five City owned properties constructed in the mid-201h Century for historic designation through the AspenModern program described at Section 26.415.025 and Section 26.415.030 of the Municipal Code. The properties were originally identified as potentially eligible for designation by the City of Aspen Historic Preservation Officer and Council later received recommendations to pursue designation from a Historic Preservation Task Force and the Aspen Historic Preservation Commission; and WHEREAS, Council was provided with the consultant findings on February 21, 2017. The consultant found all five properties to meet the City's historic designation criteria. Council then directed staff to initiate a land use application for voluntary designation; and WHEREAS, the Community Development Department performed an analysis of the application for designation and found that the designation criteria are met for all five properties; and WHEREAS, at their regular meeting on March 22, 2017, HPC considered the application for designation and found that the designation criteria are met for all five properties. HPC recommended City Council approval; and WHEREAS, this Ordinance addresses one of the nominated properties. The other four, 215 N. Garmisch Street, 630 W. Main Street, 1101 E. Cooper Avenue and the Aspen Pedestrian Mall, are addressed in Ordinance #9, Series of 2017; and WHEREAS, historic designation of AspenModern era resources is voluntary and allows the property owner to request site specific incentives as described at Section 26.415.025.C.Ld of the Municipal Code. City Council may, at its sole discretion, approve any land use entitlement or fee waiver permitted by the Municipal Code and may award any approval that is assigned to another Board or Commission, including variations; and WHEREAS, based on input from the Aspen City Manager's office, Asset Management Department, Kids First and the Parks Department, incentives in the form of limitations to the HPC's future review authority over the property has been included in this Ordinance; and WHEREAS, the City Council finds that the designation criteria are met for the property, and that limitations to the HPC's future review authority over the property, as detailed below, is necessary to incentivize voluntary designation; and, Ordinance # 11, Series of 2017 Page 1 of 3 WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion • of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,AS FOLLOWS: Section 1: Historic Designation Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby approves historic designation for the following property, subject to the conditions described in Section 2. 110 E. Hallam Street, aka Red Brick Center for the Arts, Lots A-I and K-S and the alley, Block 64; and vacated Aspen Street; and Lots E, F, and a portion of Lot G and the alley and Fractional Lots A, B, and C, Block 71; City and Townsite of Aspen, Colorado, PID #2737-073-13-801. Upon the effective date of this ordinance, the City Clerk shall record with the real estate records of the Clerk and Recorder of the County, a certified copy of this Ordinance. The location of the property designated by this Ordinance shall be indicated on the official maps of the City that are maintained by the Community Development Department. Section 2: AspenModern Voluntary Historic Designation Incentives Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby approves the following incentives. These incentives will remain in effect, even if the City sells the properties to a new owner. Additional incentives may be awarded by the Historic Preservation Commission or City Council as part of a future request, pursuant to Section 26.415 of the Municipal Code. 110 E. Hallam Street- There shall be no review of outdoor art installations on the property that are not attached to the building and which otherwise meet setback and height limitations. Section 26.415 of the Municipal Code does not provide the HPC with review authority over interior alterations to a historic landmark. Regardless of any changes to the Municipal Code in the future, HPC shall not gain purview over the interior of this property. Section 3: Material Representations All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Historic Preservation Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Ordinance # 11, Series of 2017 Page 2 of 3 Section 4: Litigation This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 5: Severability If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. The City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Section 6: Public Hearing A public hearing on the ordinance shall be held on the 24th day of April, 2017 in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing a public notice of the same was published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED . pr.Vded by laweby the City Council of the City of Aspen on the 3rd day of April, 2017. - 4 Steven Ska. on, Mayor ATTI,T:. i Linda Manning. City Clerk • //]] FINALLY,adopted, passed and approved thisZL( day of,at 2014 Steven Ska on, Mayor AT P T:, i I. el It uL,e Linda Manning, City Cler ' APPROVED AS TO F 1 RM: es R. True,City Attorney • Ordinance # 11, Series of 2017 Page 3 of 3